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POLíTIKA

CRITICAL ISSUES OF PHILIPPINE POLITY 1ST QUARTER

Performance The Ressurection of the Priorities of the


Ratings: QUAD and the Birth of President:
The Latest Results Indo-Pacific Region: Federalism, BBL and
of the SWS Surveys Setting the Stage for SK Elections
QUAD’s Revival
CONTENTS

Performance At the The State The Legislative


Ratings Crosshairs of Philippine Ressurection Priorities
of Public Freedom of the Quad
Scrutiny
p.4 p.9 p.12 p.15 p.17

ON THE COVER & CONTENTS

Credits to the following contributors:


Prof. Victor Andres “Dindo” Manhit,
Renato de Castro, Ph.D and Jaime
Jimenez, Ph.D

Picture credits to the following: for the


cover page: horizonasia.net/all-shot-
and-no-powder-in-the-quadrilateral-
security-dialogue/; and cnnphilippines.
com
POLÍTIKA
Overview
The first quarter of 2018 is a critical political juncture in the second year of office of President Duterte (PRRD).
Usually, it is in this period where a new administration reveals its true character in terms of leadership,
priorities and the fulfillment of its campaign promises. Likewise, it is also in this period where every new
administration is able to pursue its agenda independent of the previous government.

This present issue of POLITIKA is special as it provides incisive analyses on the current state of Philippine
political dynamics. While it reports on the latest performance ratings of the president, key government officials
and pressing social concerns, the national updates that have transpired for the past quarter are simultaneously
embedded in a presentation of analytical perspectives to help us understand the PRRD presidency. In addition,
these perspectives offer alternative actions that the President or his advisers could delve into.

The First Quarter 2018 Social Weather Survey, conducted from March 23-27, 2018, graded PRRD with a satisfaction
rating of +70%, a negligible decrease of 1 percentage point from the last quarter. His net satisfaction rating also
slid down from +58% to +56%. From this reference point, his satisfaction rating since assumption into office
has ranged from being excellent to very good.

Given the overall steadiness of the positive ratings accorded to PRRD, he is however continuously subject
to national and international scrutiny. Being at the crosshairs of political criticism, both constructive or not,
the second section provides a perspective to understand PRRD’s leadership. It also mentions some courses of
action as to how he can minimize unnecessary criticisms.

Further and in a timely fashion, the third-party studies on the state of Philippine freedom are included in
this issue. The study of Freedom House provides an update on what is happening to our civil and political
rights, media freedom, and internet freedom. In turn, the World Justice Project reports on the Rule of Law
Index and quantitatively measures the rule of law in practice. The next study presented in this section is the
Corruption Perceptions Index 2017 from the Transparency International that measures the levels of perception
on corruption among experts and business people.

The fourth section is an article about regional security. It embarks upon the development and establishment
of the Indo-Pacific construct that could possibly lead to the establishment of the Indo-Pacific Region. The
concept, however, is still in its fledgling stage and the substance is yet to be defined by four-nation composition,
namely, US, Japan, Australia and India.

As usual, the last section is a report on the legislative accomplishments during the last quarter and before the
Congress adjourned for a break. Three legislations were passed during this period: The Philippine Qualifications
Framework, the amendments to the National Irrigation Administration (NIA) Charter—the Free Irrigation Service
Act, and the law allowing Philippine National Police (PNP) chief and the Criminal Investigation and Detection
Group (CIDG) Director and Deputy Director for Administration to issue subpoenas. Meanwhile, more definitive
updates for the Bangsamoro Basic Law (BBL) are pending for the re-opening of Congress in May and the
People’s Broadcasting Corporation (PBC) Bill is ready for the signature of PRRD.

From the abovementioned updates and analyses, Filipinos and foreign observers alike could look forward to
more interesting political dynamics in the second quarter of 2018. At the end of his first two years as president,
putting PRRD in the balance is but a regular way and opportune moment to assess his leadership, priorities
and the fulfillment of campaign promises.

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POLÍTIKA
I. Performance Ratings
Overall, PRRD finds himself in a much better status compared to the last five presidencies. Although contingent,
the trend of his performance and the ratings provided by third party institutions project a positive trajectory.

Chart 1
Net Satisfaction Ratings of Presidents
Philippines, May 1986 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

After bouncing back by 5 percentage points, the satisfaction rating of PRRD slid by a negligible 1 percentage
point, from +71% in the last quarter of 2017 to +70% for the first quarter of 2018. Accordingly, his net satisfaction
rating also slid by 2 percentage points, from +58% to +56% in the same periods mentioned.

Table 1
Public Satisfaction with President Rodrigo Duterte
September 2017-March 2018

Source: SWS, First Quarter 2018 Social Weather Report

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Table 2
Public Satisfaction with President Rodrigo Duterte
September 2017-March 2018

Source: SWS, First Quarter 2018 Social Weather Report

As for the other top government officials, Vice-President Robredo’s rating remained “Good” at +34% while
Senate President Pimentel also maintained his “Good” rating at +41% and Speaker Alvarez’s rating fell into a
personal record-low at +1%. Meanwhile, Chief Justice Sereno, who is at the moment in contretemps with the
DOJ and fellow Supreme Court members also fell into a personal record-low at -7%.

Table 3
Satisfaction with the Vice-President and Senate President
Philippines, December 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

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POLÍTIKA
Table 4
Satisfaction with the Speaker of the House of
Representatives and Chief Justice of the Supreme Court
Philippines, June 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

Overall, the net satisfaction rating by area for the performance of PRRD remained “Very Good” in Visayas
(+65% from +63% in the last quarter) and Metro Manila (+54% from +55 in the last quarter); with “Excellent”
rating in Mindanao (+82% from +80% in the last quarter) and “Good” in the rest of Luzon (+39% from +50% in
the last quarter).

Chart 2
Net Satisfaction Ratings of President Rodrigo Duterte: By Area
September 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

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Across the urban and rural locales, the rating remained steady. The rural net satisfaction rating is at +56%
from +54% in the last quarter, manifesting an improvement of 2 percentage points. However, the urban net
rating posted a decline of 7 percentage points, from +63% in the last quarter to +56% in the current quarter.

Chart 3
Net Satisfaction Ratings of President Rodrigo Duterte: By Locale
September 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

Among the classes, the class ABC posted a 3-point decrease (from +66% to +63%), while in class D the rating
steadied at +57% and in class E, the rating registered a 17-point decline, from +65% (very good) down to +48%
(good).

Chart 4
Net Satisfaction Ratings of President Rodrigo Duterte: By Class
September 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

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POLÍTIKA
Between men and women, the men currently registered a +58% net satisfactory rating from +61%
in the last quarter (down by 3 points) while the women currently registered a +54% rating from +55%
rating in the last quarter (down by 1 point).

Chart 5
Net Satisfaction Ratings of President Rodrigo Duterte: By Sex
September 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

Across educational levels, PRRD’s rating among college graduates remained very good at +69%.
The rating for high school graduates slid down by 2 points, from +56% in the last quarter to +54% in
the current quarter while the elementary graduates posted similarly at +53%. Contrastingly, the non-
elementary graduates who posted a 22-point increase in the last quarter posted a 5-point decrease in
their current rating, which stands at +58% compared to +63% in the last quarter.

Chart 6
Net Satisfaction Ratings of President Rodrigo Duterte:
By Educational Level
September 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

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Between ages, 3 age groups registered an increase in the rating while 2 age groups registered a
decrease. The adults aged 45-44 registered a rating of +54% manifesting a 4-point increase from the
December 2017 survey. Those adults in between 25-34 years of age also registered an increase but a
higher rating at +69% from +63% in the period under consideration. The younger adults aged 18-24
registered a rating of +48%, an increase of 2 points from +46%. The biggest decrease in rating was
among those between 35-44, registering at +52% from the previous quarter which stood at +63%.
This is followed by adults aged 55 and above who registered at +54%, a 4-point decrease from their
previous rating.

Chart 7
Net Satisfaction Ratings of President Rodrigo Duterte:
By Age Group
September 2016 to March 2018

Source: SWS, First Quarter 2018 Social Weather Report

II. At the Crosshairs of Public Scrutiny


The past three months have been quite controversial for Philippine politics. While negative publicity
is still publicity, the national, regional and international attention that PRRD has attracted is continually
lodging him into muddy grounds and situating him as an easy target for his critics.

With the promise of radical change and adherence to the rule of law, PRRD is a leader who wants to
outrun the “past” and break its traditional practices. However, making political outbursts and showing
signs of retracting from his campaign promises create a shaky foundation for the trust of the Filipinos
who are desperate for a real change.

To make the difference, he has initiated actions and policies to disjoin from the traditional practices
and has continued to attract popularity by appealing to the nationalistic and sectoral sentiments of
the population. However, the problems that he wants to confront head on are historical problems and
possess a whole gamut of societal concerns. For instance, the problems of rebellion and illegal drugs
are national concerns and cannot be resolved through simplistic and purely militaristic methods.

The tokhang method and its re-launching embark upon the repeated mistake of authorizing an
admittedly corrupt institution and relying on shadowy individuals to deliver justice for drug pushers.
What is more controversial is the assassination-like style to put into rest the victims who have
allegedly fought their way out. “Foul” has always been the outcry of the relatives and friends of the
victims, as seen in the thousands of cases involving deaths under investigation.

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POLÍTIKA

In particular, criminalizing drug abuse is a very constricted way of solving the problem. While the
effects of drug abuse are indeed horrible and devastating, summary executions that have mostly
victimized small-time peddlers and users are seen as a very crude solution. The deeper social roots
of the problem are altogether set aside and the population in turn is forced to embrace a simplistic
solution. In turn, a host of other problems has emerged that impinge upon human rights, the absence
of procedure and the act of killing with impunity.

As for the case of rebellion, tasking the Armed Forces to “kill 5 NPAs” for very one soldier killed and
to “shoot the female rebels on their genital” is a warmonger approach that elicits more bloodshed
in the process. Further, encouraging the indigenous population of the Lumads to engage in the fight
against rebellion not only promotes more armed conflicts but it also represents as well an inversion
of history where the Lumads have always been not on the side of the government. Worse, the offer of
PHP20,000.00 for every rebel they kill is an incredible bribe and a practice that adheres to mercenary
killing.

Political contestation and oppositional politics have always been part of the everyday life of a body
politic. More importantly, their existence is a natural manifestation of political dynamics and democracy.
As a president, a national leader should not plainly approach political dissent and opposition like
a mayor bereft of political astuteness and statesmanship. A mayor openly and dauntlessly speaks
about town or city issues, unwary of whatever the other local leaders in surrounding towns and
cities would say. In turn, a president speaks to the public with all diplomacy and decency and takes
into consideration the impact of the statements made. Thus far, what we have then is a parochially
adventurist president undaunted by the local, national and international repercussions of his actions
and pronouncements. To a great extent, this explains the volatile political behavior of PRRD.

Aside from this leadership style, another contributing factor is the web of social relations that he
might be challenging, restructuring or reinforcing. Unlike other presidencies that have been indebted
to the national oligarchy and big business interests, PRRD’s efforts to exercise political independence
from them is fragile. Without establishing the grounds for economic democracy, political democracy
is fleeting. It is in this crux of political economy where a national leader can initiate and implement
the much-needed change to break the web of social relations that have dominated Philippine politics.

Consequently, initiatives in battling corruption and advancing political reforms tend to be impeded
by either piecemeal or abrupt actions. For example, the sacking of public officials due to their lifestyle,
foreign trips or hidden wealth is not accompanied by follow-up investigations to hold accountable the
many other corrupt officials from top to bottom. Another remarkable initiative is the destruction of
high-end imported cars. While it created headlines and demonstrated the resolve of the administration
to combat smuggling, again, the absence of subsequent inquiries and investigation merely relegates
such action as a show-off.

As for the concern that the Tax Reform Acceleration and Inclusion (TRAIN) Act promotes inflationary
effects, the bottom line for the ordinary Filipinos is the cost of their everyday existence. Still in the
very early stages of implementation, the mid- and long-term effects of this tax measure has yet to be
revealed and experienced. Initiated by the current administration, the railroading of this measure for
speedy promulgation has become suspect to many.

In the case of federalism, the hard-sell approach for its approval insinuates a significant degree of
the presence of a hidden agenda. Be it in terms of power retention and extension or the preservation of
patron-client politics, the current meticulous politicking within the House of Representatives (Gapangan
sa Mababang Kapulungan) is remarkable. Moreover, to require federalism as an ideal in order to be
accepted as a PDP senatorial candidate, renders more doubt as to the true nature of the federalist
agenda.

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The case of OFWs is also instructive. While Filipino workers and professionals as well have elsewhere
been maltreated, abused and even murdered at the caprices of foreign employers, the degree of
culpability is domestically shared. To ban workers from going to a particular country is but a first step
and will be a haphazard measure if not followed up with serious and committed negotiations and
agreements in a bilateral fashion. But unless social mobility becomes evident and domestic employment
becomes gainful in our own country, only then can we neutralize or lessen our dependency on foreign
currency.

We do not live in the middle ages where medieval politics is the main practice. The Filipino has always
been an international citizen. Our rich colonial and neo-colonial experience is engraved in the pages
of our national history. While we should not condone and promote the collaboration or mendicancy of
past governments and key leaders to international institutions and supranational powers, and thereby
maintain our political independence, there are better ways – politically astute ways – of bargaining and
asserting.

The withdrawal from an international judiciary institution does not only promote a politically myopic
perspective but undermines years and decades of democratic struggle and achievements. Human
rights issue, in particular, is a very sensitive issue in our country as we have experienced a decade
of martial rule and two decades of dictatorial politics. It would indeed be awkward if the Filipino
people would refrain from celebrating the International Human Rights Day to avoid being labeled as
“terrorist”. A hostile and arrogant approach to transnational relations leaves the country isolated and
ostracized from the “circle” of international and regional relations.

This is why the withdrawal or the threat to withdraw from the International Criminal Court is a big
blunder. International politics dictates upon the culture of unending negotiation and bargaining and
détente. To burn bridges without the accompanying domestic political and economic power is suicide.

However, what could we call the co-ownership agreement of the West Philippine Sea between the
Philippines and China? While co-management is a very diplomatic and astute way of addressing the
problem, to “share” what is originally ours is simply an abandonment of our sovereignty. If PRRD
could stand up against western international institutions and foreign powers, succumbing to another
foreign power clearly undermines the anti-mendicancy principle he has pronounced. In short, the
administration has simply manifested a radical turnaround in its foreign policy.

Putting the cart in front of the horse is a basic mistake of leaders trying to initiate radical changes
in a society. Political adventurism could only lead to disaster and leaves the population, especially the
poor, in more misery. In sum, where do all of these uncertainties lead the presidency to?

Understandably, PRRD is still caught between being a mayor and a national leader. A mayor can
directly speak his mind, almost always and with no inhibitions. Caution is the number one lesson.
Second, the tactic of “less talk, less mistake” is imperative. Whenever the president of a country
speaks, “everyone” tends to listen. Further, the practice of treating the words of the president as policy
could be risky.

Third, public speaking is not only about sound bites and catching the audience with witticisms. More
importantly, learning about the audience is utterly more important. As a leader, the people spoken
to are both homogeneous and heterogeneous. By rule of thumb, a leader can still be dauntless while
using incisive, decent and admirable language.

Finally, political astuteness is not a bygone. A local leader catapulted to the highest position in the
land can always do away with parochial thinking and actions and learn the trick of the game.

Change should come now.

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POLÍTIKA
III. The State of Philippine Freedom
The values of political and economic freedom have become expressed through the American
Revolution of 1766, the French Revolution of 1789, the Katipunan Revolution of 1896 and EDSA Uprising
of 1986. With freedom, the power within the will of the people has been recognized as the formidable
force toward change. However, certain government policies tend to invariably impose limits on freedom
and undercut the essence of democratic struggle. The succeeding section is an account by third-party
studies on the current state of Philippine Freedom in terms of civil and political rights, media freedom,
internet freedom, the rule of law in practice and freedom from corruption.

Freedom House
Freedom House’s Freedom in the World is the organization’s annual report that evaluates the
condition of political rights and civil liberties worldwide. A total of 195 countries and 14 territories
are rated numerically and the rankings are supported by descriptive texts. The aggregate scores of
countries correspond to zero being the least free and 100 as most free.

In 2018, the Philippines garnered an aggregate score of 62 over 100, one point less than last year’s
score of 63.1 The last year’s aggregate score of 63 could be due to the extrajudicial killings attributed
to PRRD’s war on drugs, assassinations and threats against civil society activists.2

Chart 8
Status of Press Freedom

Freedom House supported this ranking by citing the occurrence of 6,000 extrajudicial killings under
PRRD’s war on drugs during police operations and execution of vigilante justice. It was also mentioned
stated that in 2016, PRRD publicly threatened journalists and civil society activists and this situation
was aggravated by the killing of three journalists.

Released in April 2017, the Freedom of the Press 2017 is a report pertaining to worldwide media
independence. It assesses the degree of print, broadcast, and digital media freedom in 199 countries
and territories. The study also takes into consideration the legal, political, and economic environment
of the country. The Philippines had a total score of 44 out of 100 (with 0 = most free and 100 = least
free) in both the 2016 and 2017 studies and was classified as a “partly free” country.3 The organization
also noted that in 2016, public and private media in the country provided a wide range of views and
topics. Nonetheless, media freedom is claimed to be compromised through threats of legal action,
including criminal defamation laws, and the Philippines being considered as one of the most dangerous
countries for journalists. It was also mentioned that legal protections to punish acts of violence leads
to an entrenched climate of impunity. Despite efforts of the media to provide different viewpoints, it
is accused as sensationalist rather than being investigative.

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However, the enactment of laws and policies regarding the freedom of information and media
protection provides some political leeway. The Freedom of Information Act and the creation of the
Presidential Task Force on Violations of the Right to Life, Liberty, and Security of the Members of
the Media are indeed commendable. However, again, these possess serious limitations to become
effectual—as the act covered only the executive department and contained a long list of exceptions;
and there were no major investigations conducted.

The Freedom of the Net report considers different factors to internet freedom, namely, obstacles
to access, limits on content, and violations of user rights. The Philippines was classified as “free” in
2017, with an overall score of 28 over 100 (where 0=most free, 100 = least free). The Philippines’ score,
however, dropped two points from 26 in 2016 to 28 in 2017. The study presented that country’s internet
freedom declined in 2017, despite the improvement of internet access in the country. The occurrence
of cyber attacks caused the shutting down of mobile services and distorted online information.

Chart 9
Internet Freedom

The report also mentioned that several news articles talked about how the president’s campaign
was fueled by paid commentators to create an impression of having a large following. Although the
passing of the 2012 cybercrime law criminalizes online libel as an offense, this may actually deter free
speech online. In 2016 alone, there were nearly 500 filed complaints for online libel.

Rule of Law Index


The World Justice Project (WJP) conducts the Rule of Law Index report to quantitatively measure
the rule of law in practice. The index comprises of 8 indicators with 44 sub-factors and analyzes
113 countries. The following are indicators of the WJP Rule of Law Index: constraints on government
powers, absence of corruption, open government, fundamental rights, order & security, regulatory
enforcement, civil justice, and criminal justice.

In 2017-2018, the Philippines’ overall score is 0.47, with a regional rank (for East Asia & Pacific) of
13 out of 15 countries. Globally, the Philippines ranked 88 out of 113 countries in the same period.
The worldwide ranking dropped 18 places down, from 70th in 2016 to 88th in 2017-2018. Out of the
8 indicators, the Philippines saw significant drops in terms of constraints on government powers,
fundamental rights, order and security, and criminal justice.

Corruption Perceptions Index


The Corruption Perceptions Index 20174 is a study conducted by Transparency International which
focuses on the levels of perception on corruption among experts and businesspeople. The methodology

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POLÍTIKA

Table 5
Corruption Perception Index

of the study is divided into four parts: selection of source data, rescaling source data, aggregating the
rescaled data and then reporting a measure for uncertainty.

The index uses 13 data sources to capture two elements in corruption—corrupt behaviors and
prevention mechanisms and these are assessed based on the perception of experts and business
executives. Corrupt behaviors include bribery, diversion of public funds, use of public office for
private gain, nepotism in the civil service, and state capture. In turn, the mechanisms include the
government’s ability to enforce integrity mechanisms, the effective prosecution of corrupt officials,
red tape and excessive bureaucratic burden, the existence of adequate laws on financial disclosure,
conflict of interest prevention and access to information.

The index ranks 180 countries and territories, with zero as the score for highly corrupt and 100 for
very clean. The study reported that more than two-thirds of countries analyzed scored an average of
43. The Philippines’ rank dropped from 95th out of 168 countries in 2015, 101st out of 176 countries in
2016, to 111st out of 180 countries in 2017. The Philippines’ scored 34 points in 2017, a one-point drop
compared to its score in 2016 and 2015, which was maintained at 35.

The Philippines is joined by India and the Maldives as the worst regional offenders in terms of
opposition leaders, activists, and journalist threats and killings across the Asia Pacific. These country’s
indices demonstrate imply the high presence of corruption, the presence of few press freedom, and
the high number of journalist deaths.

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Table 6
Regional CPI for the Asia-Pacific

IV. The Resurrection of THE QUAD


and the Birth of Indo-Pacific Region
Prior to the Association of Southeast Asian Nations (ASEAN) summit in Manila last year, Australia,
Japan, India, and the United States resurrected a loose security association called “Quadrilateral
Security Dialogue” or the Quad. The four naval powers constituted the original QUAD in the sidelines of
another ASEAN event, the ASEAN Regional Forum (ARF) Summit in Manila in 2007. These four countries,
however, were not able to come up with a formal agenda or make any decision about reconvening, on
the simple assumption that they would meet again in the near future.

The QUAD primarily aimed to facilitate consultations and cooperation among the four states in the
face of the emergence of China and, later, India as regional powers. Even so, it was not an anti-China
coalition as all four members have extensive economic ties with the country. They are all committed
to a policy of constructive engagement, not containment, of this emergent East Asian power.

Thus far, the Quad could be seen as a coalition of maritime democracies seeking to reinforce and
strengthen each other on the basis of shared values and interests. However, its formation indirectly
isolated China as a non-democratic power and eroded its diplomatic standing in international gatherings.
Furthermore, the QUAD emphasized multilateralism in contrast to China’s bilateral approach. Hence, it
offered a model that was quintessentially antithetical to China’s approach to international issues and
problems.

China saw this association as an alliance of four democracies that would eventually become an
“Asian North Atlantic Treaty Organization (NATO) to contain China.” It officially protested against its
formation and confronted each member about its hidden agenda. The foreign ministries of the four
QUAD member states had to explain that the QUAD was not about containment or forming an alliance.
The QUAD also suffered a temporary demise when Australia withdrew from the loose association after
the election of the Rudd government in 2008.

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POLÍTIKA
Setting the Stage for the QUAD’s Revival
The creation and sudden demise of the QUAD showed that the association was nothing more than
but a concept, unlike the military alliance called NATO. However, two major developments during
its 10-year hiatus converged toward its resurrection in 2018: former US President Barack Obama’s
strategic pivot to East Asia in 2011 and China’s One Belt, One Road (OBOR), which sought precisely to
counter the pivotal move by outflanking and blunting the U.S. rebalancing act through foreign aid and
infrastructure projects.

Through the OBOR, China outflanked the Obama Administration’s rebalancing strategy as it directed
its geo-strategic efforts towards the Eurasian region away from the Pacific, thus avoiding a direct
confrontation with American maritime capabilities. This enabled China to reap two geostrategic
advantages: a) expanding China’s strategic maneuvering space into the Indian Ocean and to Central
Asia; and b) minimizing direct confrontation and friction within the U.S.-China relations.

These two developments led to the geographic expansion of U.S.-China competition from the Asia-
Pacific to Indian Ocean area leading to the revival of the QUAD. At this juncture where the construction
of a new geographic term originated. The Indo-Pacific region that gives reference to all countries
bordering the Indian and Pacific Oceans is the current alternative term to the conventional Asia-Pacific
region.

The Resurrection of the QUAD and the Birth of the Indo-Pacific


The QUAD was revived again in Manila at the sidelines of the East Asian Summit in late 2017. The
four-corner security dialogue was reconvened at a senior official-level interaction, on a hint that
this dialogue could eventually become a ministerial-level consultation in the near future. Upon the
initiative of Australia and the U.S., the QUAD again took shape as a four-cornered dialogue, ostensibly
to ensure that the Asia-Pacific and the Indian Ocean remains free and open for multilateral trade and
commerce. It emphasizes the importance of rules-based order, connectivity ventures that are not
fueled by predatory financing, and that territorial disputes are resolved peacefully and in accordance
with international law.

The birth of the term Indo-Pacific region underscores the expansion of the ongoing geo-strategic
contest between China and the QUAD. The earth’s two largest bodies of water—the Indian and the
Pacific Ocean—are now a new arena for the competition for territory, resources, and influence. The
main drivers for the enlargement of this great game are: China’s emergence as an economic and
military power that has transformed the region’s strategic landscape in a matter of ten years; and the
QUAD’s member states’ balancing approach in their foreign policies. If the QUAD would not confront
China’s efforts to effect a revision of the current territorial and maritime arrangement, China’s geo-
strategic position could be enhanced in the next five years. The result will be the unraveling of the
current liberal international order in the Indo-Pacific region and its replacement by a Chinese-led
illiberal/authoritarian regional order.

Uncertainties in the Construct


With a degree of continuity in usage, the understanding and conceptualization of the QUAD vary
among the five countries primarily concerned. According to Takashi Terada5, “the US has found a
serious policy intellectual gap between policy preferences and regional political reality.” This gap exists
between the US commitment to multilateralism in general and Trump’s preoccupation on America’s
first policy and inclination to bilateralism in particular.

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From the perspective of Satu Limaye6, “the implications are immediately twofold: emphasis on two
oceans connotes a maritime focus and includes India [in] a more important role in overall regional
policy. It also emphasizes the shared focus with Japan.” Downplaying the policy gap, the director
states that “[t]he US has welcomed the trilaterals that undergird such a quad, including US-Japan-
Australia, US-Japan-India and Japan-India-Australia.

For India, Rajeswari Pillai Rajagopalan7 expresses the early skepticism on the concept. However, he
cited the behavior of China to be the basis of the adoption of the term: “If China continues to be
aggressive, then India is likely to embrace this more fully but if China becomes a more accommodative
power, then the momentum towards the Indo-Pacific idea may fade.”

Then according to Rory Medcalf8, “Australia has officially pursued an Indo-Pacific framework for its
defence policy since 2013. Australia’s view of the Indo-Pacific is one that embeds relations with China
in a wider regional order.” In addition, he explains that “the Indo-Pacific idea should not be an obstacle
to a mutually respectful relationship between Australia and China. After all, China is the quintessential
Indo-Pacific power.”

For the resident power in the concerned region, Liu Zongyi9 clarifies the three-levels of significance
of the “Indo-Pacific” concept.

“First, it reflects a differentiation of [Trump’s] policy from Obama’s. Second, the policy is a
response to requests from Japan and other nations. Japan has been very active in working
to establish a “free and open Indo-Pacific region”, particularly after the Communist Party’s
national congress, as the United States, Japan and other countries are alarmed by China’s
booming development momentum. The third reason is to further bolster India’s significance
in US regional policy, using India as a check to China’s power and to help with the war in
Afghanistan.”

The senior fellow elucidates further that should the concept intend “to contain China by creating a
maritime alliance to counter China’s political, economic and military influence, then this Indo-Pacific
policy will bring more conflict and turmoil to the region.”

In general, the “Indo-Pacific” concept or policy manifests the shadow dance of maritime powers
surrounding the Pacific and Indian oceans. Whether the “new” Indo-Pacific Region will result to more
conflicts or the replacement of the liberal order with an illiberal one is thus far a speculation. It could
depend on two things: the occurrence of high-level cooperation in terms of military and defense policy
between the four nations and the aggressiveness of China’s behavior. For now, we can simply assume
that the convergence of the interests of the five nations under this new strategic-geographic term
manifests and recognizes the persistence of geo-politics, rather than its demise.

V. Legislative Priorities and Accomplishments:


Adjournment of the Second Regular Session
of the 17th Congress

Accomplishments
Earlier this year, PRRD signed into law the following legislations: the Philippine Qualifications
Framework, which seeks to institutionalize a national qualifications framework that can prepare
Filipino workers for the global marketplace; the amendments to the NIA Charter—the Free Irrigation

MARCH 2018 QUARTERLY 17


POLÍTIKA
Service Act—which exempts all farmers with landholdings of eight hectares and below from paying
irrigation service fees; and that which allows the Philippine National Police (PNP) chief and the
Criminal Investigation and Detection Group (CIDG) Director and Deputy Director for Administration to
issue subpoenas.

Additionally, he also signed a Joint Resolution of Congress authorizing the increase in base pay,
as well as allowances, benefits, and incentives of all military personnel under the Departments of
National Defense (DND) and Interior and the Local Government (DILG), Philippine Coast Guard (PCG),
and the National Mapping and Resource Information Authority (NAMRIA), as well as an executive order
(EO) expediting the commencement of projects in the affected areas of Marawi City.

Of the 28 identified priorities, three legislations are pending for the commencement of a Bicameral
Conference Committee, namely the Occupational Safety and Health Hazards Compliance Act, Unified
National Identification System Act, and the bill proposing the Utilization of the Coconut Levy Fund. The
Committee Reports of the National Mental Health Act, the Ease of Doing Business Act/Fast Business
Permit Act, and Strengthening the Balik-Scientist Program have already been ratified and approved by
both Houses of Congress, and are well underway for signature of PRRD.

Further, the People’s Broadcasting Corporation Charter Bill, which was pending at the Committee
level last quarter, is likewise ready for the signature of PRRD. This aims to modernize the country’s
government broadcasting network, enhance public information management and establish a state
television network that meets international standards. The proposed amendments to the Government
Procurement Law was retained and pending in the Committee on Appropriations and on the Committee
on Finance, while the Rightsizing of the National Government, a new priority, is already approved for
the Third Reading in the House and pending for the Second Reading Under Special Order in the Senate.

Table 7
LEDAC Priorities and Accomplishments

18 QUARTERLY MARCH 2018


MARCH 2018 QUARTERLY 19
POLÍTIKA

20 QUARTERLY MARCH 2018


Priorities of the President

Federalism

With the consultative committee on pace to meet its target of submitting to the president the draft
federal constitution before his State of the Nation Address in July, along with the strong push of
legislators to enact the Charter-change initiative, PRRD seems to be getting closer to fulfilling one of
his campaign promises—the shift to federalism.

Recently, the Department of the Interior and Local Government (DILG) created an office called the
“Center for Federalism and Constitutional Reform (CFCR)” to oversee and spearhead the nationwide
public information and education drive on federalism. A sum of PHP100 million in public funds was
allocated by the National Government to support the said office dedicated solely to promote and
educate the public about federalism.

Early this month, a 20-member consultative committee created by virtue of PRRD’s Executive Order
to review the 1987 Constitution voted to regulate political dynasties in the draft federal charter. In
an en banc session, members of the consultative committee agreed to insert a provision prohibiting
politicians’ second-degree relatives from succeeding each other and from simultaneously running in
an election, or holding more than one position.

In the House of Representatives, which includes members of political clans in its ranks, is holding
parallel discussions on proposed amendments to the 1987 Constitution. The current charter prohibits
political dynasties but lawmakers have repeatedly failed to pass an enabling law for the ban as the
bill has met stronger opposition from lawmakers coming from dynasties.

At the Philippine Senate, majority of Senators back the anti-political dynasty bill with 13 of 23
senators have signed the committee report. Among the senators who approved the bill were Sens.
Sonny Angara, Bam Aquino, Nancy Binay, Leila de Lima, Franklin Drilon, JV Ejercito, Sherwin Gatchalian,
Risa Hontiveros, Panfilo Lacson, Loren Legarda, Francis Pangilinan, Grace Poe and Ralph Recto.

For his part, PRRD has expressed his support for the proposed abolition of political dynasties,
nonetheless unsure if the idea would be embraced by the public.

Bangsamoro Basic Law (BBL)

The House subcommittee on the BBL has wrapped up its marathon hearings on the proposed
measure and is currently finalizing the consolidated bill which the committee hopes to get approved
before the sine die adjournment in June. House Speaker Pantaleon Alvarez then vowed that it will
pass in the House of Representatives when Congress resumes from its summer break in May despite
having eyed for the House to pass the bill on March 21 before Congress went on an eight-week break.

Senator Miguel Zubiri, who chairs the Senate subcommittee on the BBL, also targeted the passage of
the bill in the upper chamber by March, but failed as well and the measure is still pending approval
on second reading.

The bill seeks to grant the Bangsamoro region economic and financial autonomy and even sanctions
the establishment of their own government, which by the way is still attached to the national
government.

MARCH 2018 QUARTERLY 21


POLÍTIKA
Opponents of the measure, however, raise concerns about the periodic plebiscite to be held every
five years in the contiguous areas of Bangsamoro, the PHP10 billion block grant to the region and in
general, the constitutionality of the bill.

Barangay and Sangguniang Kabataan (SK) Elections

The House of Representatives approved on third and final reading, before the break, House Bill 7378
seeking to postpone the May 14, 2018 synchronized Barangay and SK elections to the second Monday
of October 2018.

To implement the polls resetting, the bill seeks to amend Republic Act No. 9164, as amended by
RA 9340, RA 10656, RA 10923, and RA 10952. The Barangay and SK elections had been postponed
twice, from October 2016 to October 2017, then to May 2018. The bill also provides that subsequent
synchronized Barangay and SK polls shall be held on the second Monday of October 2021 and every
three years thereafter. Until their successors shall have been duly elected and qualified, all incumbent
Barangay officials shall remain in office, unless sooner removed or suspended for cause.

However, the Philippine Senate has not proposed a bill in support of the House of Representatives’
approved measure moving the elections before going on break. Congress will resume session on May
14, the scheduled day of the barangay and SK elections.

Other Legislative Inquiries

Dengvaxia

Following Sanofi’s announcement in November 2017 that the Dengvaxia vaccine poses risks
when administered to individuals not previously infected with dengue, the Department of Health
(DOH) immediately suspended the vaccination program, which had been expanded under the PRRD
administration. But by then, 800,000 schoolchildren had already received at least the first dose of the
vaccine through the program. Aside from the 9 death cases, the DOH is now monitoring 40 cases of
children who fell seriously ill, up from 30 in 2016.

In response, the Department of Justice (DOJ) ordered the Public Attorney’s Office (PAO) and the
National Bureau of Investigation (NBI) to conduct a fact-finding probe into the possible liabilities of
Aquino-era officials in the Dengvaxia mess, as cases of death among recipients of the vaccine continue
to occur. In turn, the sale and distribution of the vaccine has since been suspended.

Moreover, a former official from DOH claims that 19 officials, including former Health Secretary Garin,
were part of a “mafia” in the department, who allegedly benefited from the Dengvaxia purchase.
Allegedly, 90 percent of the funds goes back to the DOH, while 10 percent is given to a supposed
“financier.”

As response, the DOJ then ordered former president Benigno Aquino III, former health secretary
Janette Garin, and former budget secretary Florencio Abad to answer criminal charges filed against
them over the implementation of the program. The DOJ subpoenaed the 3 former officials to appear
before the department on March 23 for a preliminary complaint filed by the Volunteers Against Crime
and Corruption (VACC) and Vanguard of the Philippine Constitution Incorporated (VPCI).

Meanwhile, the DOH recently forged a deal with hospital groups, namely, the Philippine Medical
Association, Private Hospitals Association of the Philippines (PHAP), and the Association of Hospital

22 QUARTERLY MARCH 2018


Administrators, to establish an “express lane” for people injected with the controversial Dengvaxia
vaccine who would seek medical treatment. The agreement requires hospitals to provide a one-stop,
express table or room for recipients of Dengvaxia seeking medical treatment.

In February 2018, Health Secretary Francisco Duque III confirmed Sanofi Pasteur has refunded PHP1.16
billion worth of unused Dengvaxia vaccines. However, Sec. Duque clarified that the investigation
continues on whether Sanofi withheld significant information on possible risks. Further, the DOH tasked
a panel of experts from the University of the Philippines-Philippine General Hospital (UP-PGH) to conduct
a separate probe. Based on the experts’ initial findings, 3 out of 14 children died of dengue even after
receiving Dengvaxia. However, the panel members suggested to conduct more tissue analyses on the
bodies to come up with conclusive findings.

Sec. Duque told legislators that it will be up to the DOJ to consolidate and reconcile the findings of
the PAO and University of the Philippines-Philippine General Hospital’s (UP-PGH) panel of experts. On
the other hand, both Houses of Congress are still holding investigative hearings on the said case.

Impeachment of Chief Justice Ma. Lourdes Sereno

On March 8, 2018, the House Committee on Justice found probable cause to impeach Supreme Court
Chief Justice Maria Lourdes Sereno over alleged culpable violation of the Constitution, corruption,
betrayal of public trust and other high crimes.

The technical working group under the House Committee on Justice composed of vice chairs of
the panel prepared a 45-page committee report and 56-page draft of the articles of impeachment,
which would then be filed at the Senate acting as an impeachment court. The Committee on Justice
will forward the report and articles of impeachment to the House Committee on Rules, and will then
be given 10 session days to include the committee report in the calendar of business when session
resumes in May.

Accordingly, the impeachment trial is said to begin by the last week of July or in early August after
the House tackles the case in May and transmits it to the Senate for further deliberation.

Legislative Updates

House of Representatives

At the House of Representatives, several bills have been approved on third and final reading. One of
these, the Security of Tenure Bill (HB 6908), is listed as one of the LEDAC priorities.

The other bills approved at the Lower House were: Declaring January 18 Of Every Year A Special Non-
Working Holiday For All Kasambahay In The Entire Country To Be Known As “Araw Ng Kasambahay” (HB
6285); Typhoon Yolanda Resiliency Day (HB 6591); Strengthening Further The Pre - Departure Orientation
Program For Overseas Filipino Workers To Include Financial And Entrepreneurial Education (HB 6649);
Declaring The Province Of La Union A Tourist Destination And The “Surfing Capital Of The North” (HB 6683);
Granting Full Insurance Coverage To All Qualified Agrarian Reform Beneficiaries Of The Comprehensive
Agrarian Reform Program (HB 6686); Access Devices Regulation Act (HB 6710); Creating the Department
of Human Settlements and Urban Development (HB 6775); Recognizing The Civil Effects Of Church
Annulment Decree (HB 6779); Strengthening The Security Of Tenure Of Workers (HB 6908); National

MARCH 2018 QUARTERLY 23


POLÍTIKA
Press Freedom Day (HB 6922); Strengthening The Philippine Crop Insurance Corporation (HB 6923);
Child Safety in Motor Vehicles Act (HB 6938); Creating The Baguio City, La Trinidad, Itogon, Sablan, Tuba,
And Tublay Development Authority (BLISTTDA) [HB 6974]; Institutionalizing The Electric Cooperatives
Emergency And Resiliency Fund (HB 7054); Penalizing The Conversion Or Causing The Conversion Of
Irrigated And Irrigable Lands (HB 7115); Providing Policies And Prescribing Procedures On Surveillance
And Response To Notifiable Diseases, Epidemics, And Health Events Of Public Health Concern (HB 7134);
Recognizing The Foreign Decree Of Termination Of Marriage And Allowing Its Subsequent Registration
With The Philippine Civil Registry (HB 7185); Rural Employment Assistance Program Act (HB 7266);
Changing The Composition Of The Advisory Committee Of The National Council For Children’s Television,
Amending For The Purpose Section 6 Of Republic Act No. 8370 (HB 7290); Budget Reform Act (HB 7302);
Absolute Divorce Act of 2018 (HB 7303); and Postponing the May 14, 2018 synchronized Barangay and
Sangguniang Kabataan (SK) elections to the second Monday of October 2018 (HB 7378), among others.

Table 8
House Bills Approved on Third and Final Reading

24 QUARTERLY MARCH 2018


Senate of the Philippines

The Philippine Senate vowed to continue work on priority bills like the proposed changes in the 1987
Constitution and the Bangsamoro Basic Law (BBL) when session resumes in May, allowing Senators to
interpellate on the floor.

Approved on third reading were three legislations listed under the LEDAC priorities, namely, the
Coconut Farmers and Industry Development Act (SBN 1233), Occupational Safety and Health Standards
Act (SB 1317), the Philippine Identification System Act of 2018 (SBN 1738), and the Recoverable Systems
Loss Act (SBN 1623). Prior to the break, the Senate adopted House Concurrent Resolution No. 16 that
amended the bicameral conference committee report on the proposed Expanded Red Tape Act of 2017,
which the chamber had approved on final reading last August 2017.

The Senate had also passed on third and final reading the proposed Anti-Hazing Act of 2018 (SBN
1662), the bill abolishing the Road Board (SBN 1620), as well as pro-consumer legislation such as the
proposed Lifetime Cellphone Number Act (SBN 1636), the Energy Efficiency and Conservation Act of
2017 (SBN 1531), the Handbook for OFWs Act of 2016 (SBN 192); Pagkaing Pinoy Para Sa Batang Pinoy
Act (SBN 1279), the proposed Magna Carta for Scientists (SBN 1534), and the Reservist Employment
Rights Act (SBN 1698).

Table 9
Senate Bills Approved on Third and Final Reading

1
The full country report is not yet available, refer to https://freedomhouse.org/report/ 7
Rajeswari Pillai Rajagopalan is the Head of the Nuclear and Space Policy Initiative at
freedom-world/2018/philippines. the Observer Research Foundation at New Delhi, India. See ‘Indo-Pacific’: containment
2
See the full report in https://freedomhouse.org/report/freedom-world/2017/philip- ploy or new label of region beyond China’s backyard?, 12 November 2017. This article
pines. appeared in the South China Morning Post, print edition as What’s in a name? Indo-Pa-
cific takes on new significance, http://www.scmp.com/news/china/diplomacy-defence/
3
See the full report in https://freedomhouse.org/report/freedom-press/2017/philip- article/2119412/indo-pacific-containment-ploy-or-new-label-region
pines. 8
Rory Medcalf is the Head of the National Security College at the Australian National
4
See the full report in https://www.transparency.org/news/feature/corruption_percep- University in Canberra, Australia. See ‘Indo-Pacific’: containment ploy or new label of
tions_index_2017#research region beyond China’s backyard?, 12 November 2017. This article appeared in the
5
Takashi Terada is an International Relations professor at Doshisha University Kyoto, South China Morning Post, print edition as What’s in a name? Indo-Pacific takes on new
Japan and a visiting fellow at the National University of Singapore. See ‘Indo-Pacific’: significance, http://www.scmp.com/news/china/diplomacy-defence/article/2119412/
containment ploy or new label of region beyond China’s backyard?, 12 November indo-pacific-containment-ploy-or-new-label-region
2017. This article appeared in the South China Morning Post, print edition as What’s 9
Liu Zongyi is a Senior Fellow at the Institute for International Strategic Studies at
in a name? Indo-Pacific takes on new significance, http://www.scmp.com/news/china/ the Shanghai Institutes for International Studies, Shanghai, China. See ‘Indo-Pacific’:
diplomacy-defence/article/2119412/indo-pacific-containment-ploy-or-new-label-region containment ploy or new label of region beyond China’s backyard?, 12 November
6
Satu Limaye is the Director of the East-West Centre at Washington D.C., United 2017. This article appeared in the South China Morning Post, print edition as What’s
States. See ‘Indo-Pacific’: containment ploy or new label of region beyond China’s in a name? Indo-Pacific takes on new significance, http://www.scmp.com/news/china/
backyard?, 12 November 2017. This article appeared in the South China Morning Post, diplomacy-defence/article/2119412/indo-pacific-containment-ploy-or-new-label-region
print edition as What’s in a name? Indo-Pacific takes on new significance, http://www.
scmp.com/news/china/diplomacy-defence/article/2119412/indo-pacific-containment-
ploy-or-new-label-region

MARCH 2018 QUARTERLY 25


POLíTIKA
CRITICAL ISSUES OF PHILIPPINE POLITY

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